Case Note & Summary
The case involves two appeals filed by the Union of India, through the General Manager, Central Railway, challenging the decision of the Railway Claims Tribunal, Nagpur, which awarded compensation of Rs.8,00,000 each to the respondents for injuries and death resulting from a train accident. The factual background is that Reena Kharwade, along with her mother, boarded the GT Express train from Nagpur to Pandhurna for marriage purchases, but mistakenly boarded a train going in the opposite direction towards Chennai instead of towards Delhi. When they realized their mistake, as the train slowed down near Ajni Railway Station (not a scheduled stop), they attempted to deboard the moving train, slipped, and fell. The mother sustained fatal injuries and died, while Reena suffered grievous injuries to both legs, resulting in double amputation. Two claim petitions were filed before the Railway Claims Tribunal: one by Reena for her injuries (OA IIu/168/2019) and one by the dependents (including Reena and her siblings) for the death of the mother (OA IIu/169/2019). The Tribunal awarded Rs.8,00,000 in each claim with interest at 9% per annum from the date of the incident (5th January, 2019). The Union of India appealed, arguing that the incident was not an 'untoward incident' under Section 124A of the Railways Act, 1989, because the passengers boarded the wrong train and attempted to deboard a moving train, which constituted negligence. The court considered the legal issue of whether such an incident falls within the definition of 'untoward incident' and whether the Railway's liability is strict. The court analyzed Section 124A, which imposes strict liability on the Railway for untoward incidents, defined to include accidental falls from trains. The court noted that the only exceptions are when the injury is self-inflicted or caused while under the influence of drugs or alcohol, or in the commission of an offense. The court held that the negligence of the passenger in boarding the wrong train or attempting to deboard a moving train does not absolve the Railway of liability, as the statute does not provide for such a defense. The court upheld the Tribunal's decision, dismissing both appeals with no order as to costs.
Headnote
A) Railways Act - Untoward Incident - Section 124A - Strict Liability - The court considered whether a passenger who boarded a wrong train and fell while attempting to deboard a moving train suffered an 'untoward incident' under Section 124A of the Railways Act, 1989. The court held that the incident falls within the definition of 'untoward incident' as it involves an accidental fall from a train, and the Railway is strictly liable for compensation regardless of the passenger's negligence, unless the injury was self-inflicted or caused while under the influence of drugs or alcohol. (Paras 2-10) B) Railways Act - Negligence of Passenger - Section 124A - Defense - The court examined whether the negligence of the passenger in boarding the wrong train and attempting to deboard a moving train can be a defense for the Railway. The court held that under Section 124A, the Railway's liability is strict and the only exceptions are those specified in the proviso, which do not include ordinary negligence. Therefore, the Railway cannot avoid liability on the ground of the passenger's negligence. (Paras 8-10) C) Railways Act - Compensation - Section 124A - Quantum - The court upheld the compensation of Rs.8,00,000 awarded by the Railway Claims Tribunal for the injury (double amputation) and for the death of the mother, along with interest at 9% per annum from the date of the incident, as per the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. (Paras 1, 11)
Issue of Consideration
Whether the injuries sustained by a passenger while attempting to deboard a wrong train constitute an 'untoward incident' under Section 124A of the Railways Act, 1989, and whether the Railway is liable to pay compensation despite the passenger's own negligence.
Final Decision
Both appeals dismissed. The compensation awarded by the Railway Claims Tribunal, Nagpur, of Rs.8,00,000 each in Claim Petition No. OA IIu/168/2019 and OA IIu/169/2019, with interest at 9% per annum from the date of the incident (5th January, 2019) till realization, is upheld. No order as to costs.
Law Points
- Strict liability under Section 124A of Railways Act
- 1989
- Untoward incident includes accidental falls from trains
- Negligence of passenger not a defense unless self-inflicted or under influence of drugs/alcohol
- Compensation for injury and death under Railway Accidents and Untoward Incidents (Compensation) Rules
- 1990
